You are on page 1of 3

t. f'> !''.

-4 • '
Ii~·
1

Republic of the Philippines


City of Iloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 34TH REGULAR SESSION OF THE 8TH
SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD
AT THE SESSION HALL, 6ra FLOOR NEW CITY HALL BUILDING, PLAZA
LIBERTAD, ILOILO CITY, ON TUESDAY, SEPTEMBER 12, 2017.

PRESENT:
HON. JEFFREY P. GANZON
Acting Presiding Officer

Hon. Joshua C. Alim Member


Hon. Lady Julie Grace L. Baronda Member
Hon. Ely A. Estante, Jr. Member
Hon. R Leone N. Gerochi, Asst. Floor Leader Member
Hon. Reyland V. Hervias, (Pres. Liga 11g mga Brgy.) Member
Hon. Plaridel C. Nava II Membe
Hon. Armand S. Parcon Member
Hon. Eduardo L. Peiiaredondo, Floor Leader Member
Hon. Liezl Joy Zulueta-Salazar Member
Hon. Candice Magdalane A. Tupas, M.D. (Femp. Presiding Officer) Member


Do,- -.·'s
~D 11 "''Ctinn
""l ,.\ ·, .•.,.,_, H6h.JoseS.Espinosalll(ActingCityMayor) Vice Mayor & Presiding Officer
Hoh. Mamlrie T. Malabor Member
Date Posteo:Sl/!!-li,WJt Hoh. Jose Efrain G. Trefias III {On Vacation Leave) Member
Dale Publ.,,~11,···'' -~- is-Af.4; ~j-
-~Ii -,, '~
Date Effeciil'~'1 ·: _ • - Fr REGULATION ORDINANCE NO. 2017-148

L-....£t:H:lRllllN:MiCE
n MAKING CONTRACTORS LIABLE DUE TO THEm NEGLIGENCE
OR FAILURE TO OBSERVE ROAD-WORK SAFETY RULES IN CONSTRUCTION
SITES IN ILOILO CITY

SpollSored by Hon. Jeffrey P. Gamon, duly seconded by Hon.


Joshua C. Alim and Hon. Armand S. Parcon

WHEREAS, the City Government of Iloilo is committed to the implementation of state


policies and provisions of the Local Government Code of 1991, the National Building Code of
the Philippines, to protect its constituents by requiring all contractors to observed road and
safety guidelines given by the DPWH;

WHEREAS, Article 2176 of the New Civil Code of the Philippines provides that
whosoever by act or omission, causes damage or injury to another, even when there is no pre-
existing contractual relation between the parties shall be guilty of quasi-delect;

WHEREAS, many contractors of road projects in Iloilo City fail to install visible and
adequate signage and traffic control devices at both ends of their projects sites;

WHEREAS, in some construction sites, contractors have warning signs on their projects
but fail to adequately illumine them at night causing accidents to motorists, who cannot see the
warning signs due to absence of inadequate lighting;
Reg. Ord No. 2017-148. Sept. 12. 2017 Page 2

WHEREAS, stockpiling materials and construction waste along road sections during
construction and maintenance work pose risk and cause inconvenience to motorists and
pedestrians;

WHEREAS, there are contractors who due to negligence leave open excavations,
diggings, open potholes and manholes on road constructions and repair without safety covers
causing accidents to unwary motorists;

NOW, THEREFORE, be it ordained by the SangguniangPanlungsod of the City oflloilo


that:

ARTICLE I. Title. - This Ordinance shall be known as "An Ordinance making


contractors of construction sites in Iloilo City liable due to their negligence or failure to
observe road-work safety rules."

ARTICLE 2. Definition of Terms.

CONTRACTOR - is a person, finn or corporation who undertakes any construction,


demolition, remodeling, or landscaping service relating to building structures, roads, drainage
system and aqueducts and other similar nature;

SIGNAGE - graphic designs, a symbol, emblem or words used especially for


identification or as a means of giving directions or warning.

STOCKPILE - soil/gravel, sand, excavation, stock pile and other construction materials
that serve as drain or passageway for water or electric or telephone wires.

MANHOLE - a covered opening in a part of the road that a worker can enter in order to
reach underground pipes.

POTHOLE - a hole in a road surface that resides from gradual damage caused by
traffic/weather.

ARTICLE 3. Prohibited Acts.

1. Failure to install visible and adequate signages and lights in both ends of the road while
construction is in process.
2. Failure to adequately illumine the warning signs on the project at night.
3. Failure to cover open excavations, diggings, potholes and manholes on construction sites
during and after completion of the project.
4. Failure to remove stockpile of construction materials and waste along road sections
during construction and maintenance work.
5. Failure of contractors to present the signages and warning devices to the District
Engineer's Staff or City Engineer's Staff who is in charge of supervising the project.

ARTICLE 4. Notification of Violation

I. The Office of the City Engineer should inspect the construction site and when

t
determined that the contractors fail to comply with the necessary precautionary measures, the
City Engineer's Office should inform the concerned contractor about such failure.

cif.""' -'~
2. Contractors who fail to comply after three (3) days upon receipt of said notice shall
Reg. Ord No. 2017-148. Sept. 12. 2017 Page 3

ARTICLE 5. Penalties. Violation of Article 3, after due hearing, shall be meted with the
following penalties

First Offense - Php 3,000.00


Second Offense - Php 5,000.00
Third Offense - Suspension oflicense and permit to operate for thirty (30) days

ARTICLE 6. Repealing Clause. All ordinances inconsistent herewith are hereby


repealed or modified accordingly.

ARTICLE 7. Separability Clause. In the event that any of the provisions of this
ordinance is declared i11egal, the validity of the other provisions shall not be affected by such
declaration.

ARTICLE 8. Effectivitiy. This ordinance shall take effect thirty (30) days after its
approval and publication in the newspaper of local circulation.

ENACTED, September 12, 2017.

I hereby certify to the correctness of the above quoted ordinance.

mm<o ~-lV!f
the SP("'

ATTESTED & CERTIFIED


TO BE DULY ENACTED:

:m:

!tuns